Of Marine Insurance Volume 1

Of Marine Insurance Volume 1

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1810 edition. Excerpt: ... it was rotten, and stunk to so great a degree that the and there finds. i-i i i, . the fruit spoiled government there prohibited the landing or it; and it by the sea water was necessarily thrown overboard. The ship was also alld rotten, and, ., ., it becomes ne so much damaged as to be unable to proceed on the pessary to throwvoyage, and was necessarily sold.--Upon this case the huTs aa court determined that the insured were entitled to re-loss, cover as for a total loss.--Lord Alvanley said: --" The meaning of the memorandum is, that, unless the consequence of the damage be the total loss of the commodity, the underwriter does not agree to be answerable: But if the commodity be totally lost to the insured, he undertakes to pay. Cases like the present are generally suspicious. If the voyage be protracted, deterioration necessarily takes place; and it becomes the interest of the insured to turn this into a total loss. We ought, indeed, to look at this case with suspicion, where there is so much temptation to throw the cargo overboard. But here there was a manifest necessity for doing so. Had it not been thus annihilated, it would have been annihilated by putrefaction. The case of Cocking v. Fraser (a) was the only thing that raised any doubt in my mind. But the authority of that case is much shaken by the observations of lord Kenyan in Burnetv. Kensington ( ).--Mr. Justice Heath said, --" As the cargo was necessarily thrown overboard, the case does not fall within the ex ception in the memorandum, and is not governed by the 239 case of Cocking v. Eraser. Had it been the same in circumstances as Cocking v. Fraser, it would have been necessary for us to consider how far that case has been impeached by the observations of lord Kenyan...show more

Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236591623
  • 9781236591623